ENVIRONMENT: Challenge of BLM’s decision to lease coal in Bull Mountains properly rejected. . . Watters affirmed (unpublished). [Read more…]
Wastewater, box store “secondary impacts”
WASTEWATER: DEQ did not violate MEPA by not considering “secondary” impacts of big box store other than water quality and related construction of wastewater system… owner must be disclosed in application (not just realtor)… Menahan reversed, affirmed. [Read more…]
Oil & gas, potential fracking, right to participate
OIL & GAS: Plaintiffs’ right-to-participate claim as to potential fracking not unripe, but participated in hearing on initial permit to drill and promised further participation if fracking pursued… Knisely reversed. [Read more…]
Water, “combined appropriation” rules
WATER: 1993 rule interpreting “combined appropriation” in WUA as “groundwater developments that are physically manifold into the same system” properly invalidated, 1987 rule that “groundwater developments need not be physically connected nor have a common distribution system to be considered a `combined appropriation”’ properly reinstated… DNRC improperly ordered to initiate rulemaking…. Sherlock affirmed, reversed. [Read more…]
Judgment clarification, lake property partition
JUDGMENT CLARIFICATION: Flathead Lake property partition properly clarified to reflect intent as to septic easement… Tucker affirmed (IOR I-3(d)). [Read more…]
Partition, objections to referees’ report
PARTITION: Objections to referees’ report sufficient to compel hearing (1st impression)… Christopher reversed. [Read more…]
State lands, coal leases, deferred EIS
STATE LANDS: Coal leases EIS properly deferred pending specific proposal… Hegel affirmed. [Read more…]
Billboard permit, commercial/industrial property”
BILLBOARD PERMIT: Entire unzoned 270 acres of gravel/excavation businesses properly found to be used for [Read more…]
Wildlife, Yellowstone grizzly delisting rule
WILDLIFE: Yellowstone grizzly delisting rule properly vacated for lack of support that whitebark pine declines did not [Read more…]
Courts, only common acronyms in filings
COURTS: Documents stricken for failure to comply with orders to use only commonly understood acronyms, to be re-filed in [Read more…]